Case law

Board of Health of Yonkers v. Copcutt

24 N.Y.S. 625 · New York Supreme Court · Jul 28, 1893

The plaintiff has, therefore, all the powers that were under discussion in the case of Gould v. City of Rochester, 105 N. Y. 46 , 12 N. E. Rep. 275. … People v. Wood, 62 Hun, 131 , 16 N. Y. Supp. 664 .

People ex rel. Bullard v. Contracting Board

20 How. Pr. 206 · New York Supreme Court · Dec 15, 1860

The preliminary objections taken to the hearing of the motion on the part of the contracting board, to wit: shortness of the time of notice of motion, *207 and that the papers were served when the board were not in session … This contracting board being an important part of the canal board, and having the other means of security above enumerated, cannot surely, seriously urge that with this and the other sources of security within their own power

Lynzee Transportation Co. v. Board of Education

102 Misc. 2d 497 · New York Supreme Court · Oct 9, 1979

Since 1965 respondent, the Board of Education of the City of New York (the Board), has contracted with private bus companies to provide transportation for all handicapped students and other students who live a prescribed … In Syracuse Plaster Co. v Agostini Bros. Bldg. Corp.

People ex rel. Vaughn v. Board of Supervisors

5 N.Y.S. 600 · New York Supreme Court · May 27, 1889

Thompson v. Schermerhorn, 6 N. Y. 92 , and Birdsall v. Clark, 73 N. … This the board did, and that audit is a final judgment between the relators and the board, and conclusive because rendered upon the only right the relators could establish. Osterhoudt v. Rigney, 98 N. Y. 222, 232 .

Board of Education v. Leen

27 Misc. 3d 614 · New York Supreme Court · Feb 18, 2010

(See Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Alvarez v Prospect Hosp., 68 NY2d 320 [1986].) … (See Pallone v New York Tel.

Board of Education v. Grand Island Teachers' Ass'n

67 Misc. 2d 859 · New York Supreme Court · Sep 25, 1970

As was held in Central School Dist. v. … (Civil Service Law, § 209, subd. 2; Education Law, § 1709, subd. 33; Matter of Baker [Board of Educ.], 309 N. Y. 551 ; Matter of Dormitory Auth. [Span Elec.], 18 N Y 2d 114; City of Auburn v. Nash, 34 A D 2d 345.)

People ex rel. Drake v. Sutton

34 N.Y.S. 487 · New York Supreme Court · Jun 14, 1895

BROWN, P. J. The relators are all veteran volunteer firemen of the city of Brooklyn, and prior to January 31, 1895, were clerks in the board of audit of that city, and on that day were discharged. … The case of People v. Groetting, 133 N. Y. 569 , 30 N.

Chem Construction Corp. v. Board of Education

105 Misc. 2d 980 · New York Supreme Court · Mar 27, 1980

Co. v Board of Educ., 229 NYS2d 337 , 339). … Co. v Board of Educ., 229 NYS2d 337 , 339, supra).

People ex rel. Beck v. Board of Aldermen

18 Misc. 533 · New York Supreme Court · Nov 15, 1896

Ready v. Mayor, 144 id. 63; People ex rel. New York & H. R. R. Co. v. Havemeyer, 3 Hun, 97 ; People ex rel. Woods v. Crissey, 91 N. Y. 616 ; People v. Supervisors, 45 id. 196; Swift v. Mayor, 83 id. 528; People ex rel. … Hall v. Supervisors, 32 id. 473; People ex rel. Satterlee v. Board of Police, 75 id. 38. The mandamus asked for by the relator must, therefore, issue. Application granted.

Town of Greenburgh v. Board of Supervisors

55 Misc. 2d 1031 · New York Supreme Court · Jan 29, 1968

; and in the decision of this court dated August 23, 1967, in which a fourth plan was held to be in accordance with the 11 one person-one vote ” standard laid down in Reynolds v. … Obviously the board should proceed with the results of the last election in mind.

People ex rel. Sheldon v. Board of Appeals

115 Misc. 449 · New York Supreme Court · May 15, 1921

of chap. 503, Laws of 1916) have delegated to the board of appeals the right to vary the application of the use district regulations adopted by the board of estimate and apportionment. … I hold that the change permitted by the board of appeals is fundamental in character, that it goes beyond the limit of that board’s power, and that the board was, therefore, without jurisdiction. The writ is sustained.

Matyas v. Board of Education

19 Misc. 3d 906 · New York Supreme Court · Mar 31, 2008

The court finds no reason to defer to the Commissioner of Education on such matters (see Good v American Pioneer Tit. Ins. Co., 12 AD3d 401, *908 402 [2004]; Matter of Barone v Board of Coop. Educ. … Stewartson v Gristede’s Supermarket, 271 AD2d 324, 325 [2000]).

Board of Education v. Board of Assessment Review of the Fenner

193 Misc. 2d 272 · New York Supreme Court · Oct 2, 2002

(Matter of Dudley v Kerwick, 52 NY2d 542 [1981].) … Fund Corp. v Buckley, 74 Misc 2d 1078 [Sup Ct, Rensselaer County 1973]; Xerox Corp. v Town of Webster, 131 Misc 2d 817 [Sup Ct, Monroe County 1986].)

Kasckarow v. Board of Examiners of Sex Offenders

33 Misc. 3d 1028 · New York Supreme Court · Oct 25, 2011

Board of Examiners of Sex Offenders of State of NY, 8 NY3d 745, 752 [2007]). … There is no dispute that an article 78 proceeding is the appropriate means to obtain judicial review of the Board’s determination (see People v Reitano, 68 AD3d 954 [2009], lv denied 15 NY3d 708 [2010]).

Cavallaro v. Nassau County Board of Elections

2 Misc. 3d 880 · New York Supreme Court · Jun 18, 2003

Petitioner Peter Cavallaro successfully sued to have a petition for the establishment of a ward system placed before the Town Board of North Hemp-stead, and ultimately the electorate (Cavallaro v Schimel, 194 Misc 2d 788 … Coop, v Power Auth. of State of N.Y., 96 AD2d 154, 163-164 [1983], affd 62 NY2d 877 [1984]; Matter of Carola v Saratoga County Bd. of Elections, 180 AD2d 962, 965 [1992]).

Council of Supervisory Associations v. Board of Education

56 Misc. 2d 32 · New York Supreme Court · Mar 4, 1968

The Appellate Division in Spencer v. Ryan ( 237 App. Div. 50, 53 , affd. 262 N. … V, § 6.)

Board of Commissioners of Excise v. Dougherty

55 Barb. 332 · New York Supreme Court · Dec 30, 1869

In the Excise Commissioners of Wayne v. Keller, ( 20 How. 280 ,) the wife kept the place with her own means, conducted the business and sold the liquor, and the husband was held liable to the penalty. … In that case the offense was subsequent to the act of 1860 concerning the liabilities of husband and wife, and the case of Hasbrouck v. Weaver ( 10 John. 247 ,) is quoted.

People ex rel. Sutliff v. Board of Sup'rs

19 N.Y.S. 773 · New York Supreme Court · Jul 2, 1892

The relator presented to the board of supervisors of Fulton •county two verified claims for audit and allowance. After investigation, the board rejected the greater portion of such claims. … The board of supervisors, in making a return, necessarily acts through its officers and employes, and it is just as much entitled to the fee and compensation for making a return as a natural person.

Budney v. Niagara Falls Board of Education

38 Misc. 2d 825 · New York Supreme Court · Feb 20, 1963

(Matter of Stanton v. Board of Educ. of City of N. Y., 190 Misc. 1012 ; Matter of Marburg v. Cole, 286 N. Y. 202 .) In the Matter of Marburg v. … Thus in the absence of clear and convincing proof that the discretion of the Board of Regents has been exercised arbitrarily, unfairly or capriciously, the courts will not interfere. (Matter of Erlanger v.

Board of Education v. McColgan

18 Misc. 3d 572 · New York Supreme Court · Dec 7, 2007

Further, courts generally must defer to the Commissioner’s construction of an ambiguous or unclear provision of the Education Law (Matter of Kelley v Ambach, 83 AD2d 733 [3d Dept 1981]; see Matter of Lezette v Board of Educ … The voters of a district cannot authorize the board of education to take actions that are ultra vires under the Education Law (see e.g. Matter of Ross v Wilson, 308 NY 605 [1955]).